Road Law – July 2024
Yes, we’ve all heard the phrase, “You have the right to remain silent. Anything you say can and will be used against you.” Yes, this is something that you’re supposed to hear when you’re arrested, but the main point of “remaining silent” is just as important if you’re stopped and issued a traffic ticket.
Now, “remaining silent” at the time of a traffic stop does not mean we’re telling you to refuse to answer basic, non-incriminating questions from the officer. What we want to stress in this issue of Road Law is that we do not want you to say too much. We do not want you to make any admission of guilt. We do not want you to be uncooperative or unprofessional with the officer.
When you make admissions of guilt or act uncooperative or unprofessional with the officer, the officer will usually note your statements on the back of his or her copy of your traffic ticket, and that copy ends up in the hands of the assistant district attorney in the court where we’re trying to defend you. Making admissions of guilt or acting unprofessional at the time of your traffic stop makes our job of defending you extremely difficult and usually results in the assistant DA completely refusing to make any recommendations that might be helpful to you.
As always, we hope this information is helpful to you.
Q: I got a ticket for speeding, but I had my cruise set exactly on the speed limit, so I know I wasn’t speeding. I expressed this to the officer and asked him if could see the radar gun he’d used to check my speed. But he wouldn’t let me see it. I told the officer that if he didn’t have anything to hide, he should let me see the radar gun. The officer just handed me the ticket and left. I want to fight this ticket, because I know I wasn’t speeding or going nearly as fast as the officer said. What should I do?
A: First, you’ll need to call the subject court where your ticket is pending. Enter your plea of “not guilty” and ask for a trial date – because once the assistant DA reviews the officer’s copy of your traffic ticket and the negative notes that are likely included, you’re unlikely to receive any favorable recommendation to amend or reduce your original ticket. Unfortunately, your only opportunity to prevent a conviction on your original ticket will be if the officer fails to appear at your trial (not likely) or if the judge finds you not guilty (not likely).
Q: I got a ticket for “following too close,” even though the officer told me she didn’t actually see me doing so. But she was giving me the ticket because a four-wheel driver called the police to report me. I told the officer that giving me a ticket for something she didn’t even see was crazy and probably illegal. I also said I should call her supervisor and report her for harassing an innocent truck driver – as well as that in my 30 years of driving, her giving me this ticket was the stupidest thing I’d ever seen. Can you help me fight this ticket?
A: Yes, of course, Road Law can help you fight your ticket. But after your statements to the officer, it’s going to be a lot tougher to help you. Unfortunately, your original charge of “following too close” is considered a “serious” violation by the Federal Motor Carrier Safety Regulations, and a conviction might disqualify your CDL. Also, after the assistant DA reads the officer’s copy of your ticket, we doubt there’s going to be any offer made to help you in this matter. Your best bet would be to set your matter for trial and hope the alleged witness who reported you doesn’t appear in court. If the state can’t produce a witness to testify he or she actually saw you do what you’ve been accused of, it’s likely the court will find you not guilty. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.RoadLaw.net; or to call us at 405-242-2030. We look forward to hearing from you.